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Item 4H - Memo FINALItem 4H Page 1 of 3 M E M O R A N D U M (December 6, 2022) To: Shana Yelverton, City Manager From: Rob Cohen, Director of Public Works Subject: Approve an Interlocal Agreement (ILA) with Tarrant County to receive a cost reimbursement for the construction of improvements at the intersections of FM 1938 at West Continental Boulevard and West Continental Boulevard at South Peytonville Avenue in an amount not to exceed $2,225,000. Action Requested: Approve an Interlocal Agreement (ILA) with Tarrant County to receive a cost reimbursement for the construction of improvements at the intersections of FM 1938 at West Continental Boulevard and West Continental Boulevard at South Peytonville Avenue in an amount not to exceed $2,225,000. Background Information: The purpose of this item is to seek Council approval of an ILA with Tarrant County for the shared construction cost of improvements at the intersections of FM 1938 at West Continental Boulevard and West Continental Boulevard at South Peytonville Avenue. The proposed improvements are intended to improve mobility efficiency by alleviating traffic backups at West Continental Boulevard intersections during peak hours, and include: FM 1938 at West Continental Boulevard • Construction of right turn lane at FM 1938 • Additional left turn storage lane at West Continental Boulevard West Continental Boulevard at South Peytonville Road • Construction of planned roundabout with art and landscaping The projects also include the upgrade of Critical Drainage Structure #18 for the FM 1938 at West Continental Boulevard project and Critical Drainage Structure #19 for the West Continental Boulevard and South Peytonville Avenue project and sidewalk improvements at both intersections. Currently, these projects are under 90% Item 4H Page 2 of 3 design, and the FM 1938 at West Continental Boulevard project is anticipated to enter the bidding phase in early 2023. The FM 1938 at West Continental Boulevard project will be constructed first followed by the West Continental Boulevard at South Peytonville Avenue project. These projects were identified in the Southlake 2035 Mobility Master Plan with the FM 1938 at West Continental Boulevard project referenced as MT25 and Priority Tier 3, and the Continental Boulevard at South Peytonville Avenue project referenced as MT3, Priority Tier 2. Proposed sidewalks were also identified in the 2035 Mobility Master Plan (ID #7 and ID #76a, both Tier 2), and will be constructed in conjunction with the FM 1938 at West Continental Boulevard project. Financial Considerations: The County allocated funds as part of their 2021 Tarrant County Transportation Bond Program for a cost share arrangement with the City. The terms of the ILA, the County will reimburse the City for up to $2,225,000 or 50% of the construction cost, whichever is less. The current opinion of the probable construction cost for the intersections of FM 1938 at West Continental Boulevard and West Continental Boulevard at South Peytonville Avenue is currently $5,238,000. The resources provided by the County result in cost savings for the City of Southlake. Funding for this project is budgeted as part of the approved Capital Improvement Program, as well as Tarrant County funds via the ILA. Strategic Link: This item links to the City’s Strategy Map strategic focus areas of Mobility, Infrastructure and Partnerships & Volunteerism. It specifically relates to the City’s Corporate Objectives, B2: Collaborate With Select Partners To Implement Service Solutions, C2: Provide Travel Convenience Within City And Region, and F2: Invest To Provide & Maintain High Quality Public Assets. The Critical Business Outcomes are, CBO2: Enhance Mobility Through Aggressive Traffic Management Initiatives and Capital Project Implementation and CB05: Improve Quality Of Life Through Progressive Implementation Of Southlake’s Comprehensive Plan Recommendations. Citizen Input/ Board Review: Upon approval by Southlake City Council, the ILA will then be placed on the Tarrant County Commissioner’s Court Agenda for approval. Item 4H Page 3 of 3 Legal Review: This agreement has been reviewed by the City Attorney. Alternatives: The City Council may approve or deny the ILA with Tarrant County. Staff Recommendation: Approve an Interlocal Agreement (ILA) with Tarrant County to receive a cost reimbursement for the construction of improvements at the intersections of FM 1938 at West Continental Boulevard and West Continental Boulevard at South Peytonville Avenue in an amount not to exceed $2,225,000. Supporting Documents: Attachment A: FY 2021 Interlocal Agreement Staff Contact: Rob Cohen, Director of Public Works Kevin Ferrer, P.E., City Engineer Kevin Taylor, P.E., Civil Engineer West Continental Boulevard Intersections Funding ILA: 2021 Transportation Bond Program Page 1 STATE OF TEXAS § Funding Interlocal Agreement for § West Continental Boulevard COUNTY OF TARRANT § Intersections Improvements This interlocal agreement (ILA) is entered into between Tarrant County, Texas, hereinafter referred to as COUNTY, and the City of Southlake, hereinafter referred to as CITY, and collectively referred to as the “parties”, for the purpose of providing funding through the Tarrant County 2021 Transportation Bond Program (2021 TBP) to a needed transportation project within the boundaries of both parties which the Commissioners Court of the COUNTY and the governing body of the CITY find serves a public purpose and promotes the public welfare of the citizens of Tarrant County. The COUNTY and the CITY make the following findings of fact: 1.This ILA is made pursuant to Chapter 791 of the Texas Government Code and the Tarrant County 2021 Transportation Bond Program Policy, as amended; 2.To the extent necessary, the parties will use current revenues to pay obligations in this ILA; 3. The project benefits the public in that it is a needed transportation project; 4.The COUNTY and the CITY each has the legal authority to perform its obligations in this ILA; 5.The division of costs provided in this ILA constitute adequate consideration to each party; and 6.Both parties acknowledge they are each a “governmental entity” and not a “business entity” as those terms are defined in Texas Government Code Section 2252.908, and therefore, no disclosure of interested parties is required. I. PROJECT DESCRIPTION This project, hereinafter referred to as the “Project”, will consist of improvements at two intersection locations on West Continental Boulevard: The first location is at the intersection of West Continental Boulevard at Davis Boulevard (FM 1938) and will also include improvements on Union Church Road. It will consist of intersection improvements that will reconstruct the intersection approaches, implement signal timing changes and upgrades, and install new pedestrian accommodations. Other planned changes include the construction of a right turn bay at the northbound approach, construction of both right and left turn bays for the eastbound approach and extending the westbound turn bay. Pedestrian facility improvements include the reconstruction of curb ramps to be two-directional and aligned with crosswalks, restriping all crosswalks and stop bars to align with new curb ramps. The culvert crossing west of the intersection will be reconstructed, and the road will be raised to bring the ATTACHMENT A West Continental Boulevard Intersections Funding ILA: 2021 Transportation Bond Program Page 2 roadway out of the 100-year floodplain; and The second location is at the intersection of West Continental Boulevard at South Peytonville Avenue. The construction will include the construction of a three-legged roundabout, construction of ADA compliant pedestrian facilities, and the reconstruction of a critical drainage structure to the west of the intersection. II. SCOPE OF SERVICES PROVIDED BY CITY The services to be provided by the CITY shall include, but are not limited to, the following: A. All total project costs including all construction, right of way acquisition, utility relocation, engineering, planning, surveying, and governmental approval costs (collectively referred to as “Costs”); B. Following project completion, the CITY will provide the overall total project cost summary with final cost share between funding partners; C. Construction agreement administration, site review, permitting and inspection; D. The CITY agrees to facilitate the efficient operations of the Project through ongoing transportation system maintenance efforts, including signal timing optimization as applicable; E. Interagency coordination, including CITY notification to the North Central Texas Council of Government (NCTCOG) and the COUNTY of any amendments or modifications to NCTCOG’s Transportation Improvement Program (TIP); F. A detailed quarterly project schedule documenting the percent complete for each major component of the Project shall be provided to the COUNTY; G. The CITY agrees to invite the COUNTY to any project groundbreaking or ribbon cutting events; and H. The CITY will include the following language on all public notices, web pages, and on-site signage related to the Project: “This project is funded by the City of Southlake and the Tarrant County Commissioners Court through the Tarrant County 2021 Transportation Bond Program.” III. TERM This ILA shall become effective upon the approval of both parties and shall expire on September 30, 2023, unless terminated as described in Section XIII in this ILA or extended in writing and approved by both parties. West Continental Boulevard Intersections Funding ILA: 2021 Transportation Bond Program Page 3 IV. FISCAL FUNDING ACKNOWLEDGEMENT In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable by any means whatsoever in any fiscal period for payments due under this ILA, then the affected party will immediately notify the other party of such occurrence and this ILA shall be terminated on the last day of the fiscal period for which appropriations were received without penalty or expense to the affected party of any kind whatsoever, except to the portions of annual payments herein agreed upon for which funds shall have been appropriated. V. REIMBURSEMENT PROCESS The COUNTY agrees to reimburse the CITY for 50% of the actual eligible project costs in an amount not to exceed $2,225,000.00. The COUNTY’s reimbursement will be in accordance with the reimbursement schedule shown in Attachment A. Any reimbursement request from the CITY should include: 1) a copy of the invoice or billing for design services, right-of-way acquisition purchase, and construction; and 2) a copy of the check, a certification letter, or other documentation to verify the CITY’s proof of payment. The final reimbursement payment to the CITY will be contingent upon the City Manager or Mayor providing written notification to the COUNTY that the Project is complete. The CITY understands that the CITY will be responsible for cost overruns and any other expenses incurred by the CITY in performing the services described herein. VI. AGENCY-INDEPENDENT CONTRACTOR Neither the COUNTY nor any employee thereof is an agent of the CITY, and neither the CITY nor any employee thereof is an agent of the COUNTY. This ILA does not and shall not be construed to entitle either party or any of their respective employees, if applicable, to any benefit, privilege or other amenities of employment by the other party. The COUNTY will have no right to control the manner or means of construction of the CITY’s contractor for this Project. VII. ASSIGNMENT Neither party may assign, in whole nor in part, any interest it may have in this ILA without the prior written consent of the other party. VIII. THIRD-PARTY BENEFICIARY EXCLUDED No person other than a party to this ILA may bring a cause of action pursuant to this ILA as a West Continental Boulevard Intersections Funding ILA: 2021 Transportation Bond Program Page 4 third-party beneficiary. This ILA may not be interpreted to waive the sovereign or governmental immunity of any party to this ILA to the extent such party may have immunity under Texas law. IX. AUDIT OF RECORDS The CITY’s records regarding this Project shall be subject to audit by the COUNTY during the term of this ILA and for five years after the completion of the Project. X. ENTIRE AGREEMENT This ILA represents the entire understanding of and between the parties and superseded all prior representations. This ILA may not be varied orally but must be amended by written document of subsequent date duly executed by these parties. XI. VENUE This ILA shall be governed by the laws of the State of Texas and venue for any action under this ILA shall be in the district courts of Tarrant County, Texas. XII. SCHEDULING The CITY agrees that the COUNTY retains control over the reimbursement schedule identified in Attachment A. The COUNTY agrees to notify the CITY of any changes to the reimbursement payment schedule 30 days in advance, if such changes are the result of COUNTY requirements. Such notification will be in the form of written correspondence by e-mail or regular mail. XIII. TERMINATION Until funded by the COUNTY as described in Section V, this ILA may be terminated by either party by providing written notice to the other party at least thirty (30) days prior to the intended date of termination. Such notice shall be deemed given when personally delivered or mailed by certified or registered mail (with return-receipt and postage prepaid) and addressed to: COUNTY: CITY: County Administrator City Manager Tarrant County City of Southlake 100 E. Weatherford Street, Ste. 404 1400 Main Street Ste 130 Fort Worth, Texas 76196 Southlake, TX 76092 West Continental Boulevard Intersections Funding ILA: 2021 Transportation Bond Program Page 5 XIV. SOVEREIGN POWERS The COUNTY and the CITY agree and understand neither Party waives nor surrenders any of its governmental powers by execution of this ILA. APPROVED on this day the _____ day of _______________, 2022, by Tarrant County. Commissioners Court Order No. ______________. TARRANT COUNTY, TEXAS CITY OF SOUTHLAKE ______________________________________ ____________________________________ B. Glen Whitley, County Judge John Huffman, Mayor APPROVED AS TO FORM: ______________________________________ ____________________________________ Criminal District Attorney's Office* City Attorney * By law, the Criminal District Attorney’s Office may only approve contracts for its clients. We reviewed this document as to form from our client’s legal perspective. Other parties may not rely on this approval. Instead those parties should seek contract review from independent counsel. CERTIFICATION OF AVAILABLE FUNDS IN THE AMOUNT OF: $_______________________ as follows: Fiscal year ending September 30, 2023: $222,500.00 Fiscal year ending September 30, 2024: $890,000.00 Fiscal year ending September 30, 2025: $890,000.00 Fiscal year ending September 30, 2026 $222,500.00 ------------------ $2,225,000.00 _____________________________________ Auditor's Office West Continental Boulevard Intersections Funding ILA: 2021 Transportation Bond Program Page 6 ATTACHMENT A Project Information Jurisdiction: City of Southlake Project Name: West Continental Boulevard Intersections Project Schedule (by month/year) Start Date Duration (mo.) End Date Design: - - ROW Acquisition: - - - Construction: Jun-23 30 Dec-25 County Payment by Phase* Design: $0.00 ROW Acquisition: $0.00 Construction: $2,225,000.00 TOTAL: $2,225,000.00 TBP Funding Category: 2021 Call for Projects *Invoice Schedule Design = Completion of Design Phase ROW Acquisition = Completion of Property Acquisition and/or utility relocation Construction =Monthly or quarterly throughout the construction period. Reimbursement payments will be issued by the COUNTY for eligible expenses incurred during the Fiscal Year for which bond funds are certified by the Tarrant County Auditor. Reimbursement Schedule by Fiscal Year Quarter (SUBJECT TO CHANGE) 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Total FY2023 $0.00 $0.00 $0.00 $222,500.00 $222,500.00 FY2024 $222,500.00 $222,500.00 $222,500.00 $222,500.00 $890,000.00 FY2025 $222,500.00 $222,500.00 $222,500.00 $222,500.00 $890,000.00 FY2026 $222,500.00 $0.00 $0.00 $0.00 $222,500.00